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Case 18-2868, Document 276, 08/09/2019, 2628224, Page63 of 77 Prince Andrew and Harvard law professor Alan Dershowitz. EXHIBIT A. The false allegations against Ms. Maxwell constituted defamation per se. A plaintiff may defeat a qualified privilege only by proving actual malice. See, e.g., Kane v. Orange Cnty. Publ’ns, 649 N.Y.S.2d 23, 26 (App. Div. 1996) (qualified privilege of reply); see generally Gertz, 418 U.S. at 323; Restatement (Second) of Torts, supra, § 594 cmt. b. E. The January 2015 statement was substantially true, and plaintiff cannot produce clear and convincing evidence of its falsity. The January 2015 statement accurately and properly denies the factual assertions regarding Ms. Maxwell contained within plaintiffs joinder motion that had been issued two days prior to which it responded. With respect to each claim in the joinder motion that concerns Ms. Maxwell, the evidence elicited through discovery undercuts any evidence — clear and convincing or otherwise — that plaintiff may proffer to buttress her false allegations. 1. The January 2015 statement accurately denied that Ms. Maxwell met Plaintiff when Plaintiff was 15 years old in 1999. Plaintiff’s relative youth at the time of her initial contact with Epstein and Maxwell forms the core of Plaintiff’s story, in her joinder motion and in the press, that she was an underage victim of sexual slavery. Plaintiff has made a point of mentioning her age of 15, in the year 1999, as the starting point for her “four years” of “sex slavery” at every opportunity. The young age no doubt heightens the offensiveness of the claimed abusive conduct and also supplies enough time to allow for the “thousands” of times she was purportedly abused and the numerous opportunities for her to be trafficked to countless famous individuals. Reiterating this point in the joinder motion, plaintiff asserted again that she met Ms. Maxwell in the year 1999 when she was a mere 15 years old. EXHIBIT D at 3. As she now admits and her employment records confirm, plaintiff did not actually meet Ms. Maxwell or Epstein until the year 2000. Plaintiff acknowledges that she did not meet Ms. 56